Opinion
No. 14-07-00127-CV
Filed March 8, 2007.
Original Proceeding Writ of Mandamus.
Panel consists of Justices YATES, ANDERSON, and HUDSON.
MEMORANDUM OPINION
On February 14, 2007, relator IntraCare Hospital d/b/a IntraCare Medical Center Hospital filed a petition for writ of mandamus in this court, requesting we order respondent, the Honorable Joseph Halbach, Jr., presiding judge of the 333rd District Court, Harris County, Texas, to vacate an order granting a motion to compel production of an occurrence report. See Tex. Gov't Code Ann. ' 22.221 (Vernon 2004); see also Tex. R. App. P. 52.1.
Relator asserts that a hearing was conducted on the motion to compel on January 5, 2007, but failed to provide a transcript from that hearing and failed to provide a statement that no testimony was adduced at the hearing. See TEX. R. APP. P. 52.7(a) (stating a relator must file "a certified or sworn copy of every document . . . material to relator's claim for relief" and "a properly authenticated transcript of any relevant testimony from any underlying proceeding . . . or a statement that no testimony was adduced in connection with the matter complained."). Because there is no transcript of the hearing nor any statement, we cannot determine if the trial court abused its discretion in ruling as it did. See In re Ford Motor Co., 165 S.W.3d 315, 317 (Tex. 2005). Accordingly, we deny relator's petition for writ of mandamus.
Petition Denied and Memorandum Opinion filed March 8, 2007.